Rodrigo Roa Duterte’s arrest and surrender to the International Criminal Court has been an incredible illustration of processes how persons suspected of crimes are to be arrested and taken into custody by authorities. Although contending commentaries are welcome, the facts of his arrest could be presented and settled at the first appearance of the accused before the Pre-Trial Chamber, which is scheduled today at 9:00 pm Manila time.

The first appearance of Duterte will be an opportunity to know:
1) If the person in custody is indeed Duterte
2) If Duterte has been informed of and understands the crimes which he is alleged to have committed
3) If he is aware of his or her rights under the Rome Statute, including the right to apply for interim release pending trial
4) If he understands English, the language in which the proceedings will likely be conducted

Interim release pending trial is a right of the accused, However, for the victims, he should not be entitled to special treatment considering that the detention facility is well-equipped to assist him, and that the potential risks of interfering or subverting the processes of the court is great. Victims believe he is a flight risk – he is running for mayor of Davao City – and a threat to the safety of witnesses and evidence, and will present these comments on any such petition in a timely and proper manner.

This is a unique opportunity to educate ourselves on the intricacies of due process, which victims of the “war on drugs” have barely enjoyed. Duterte’s best defense lies within the court’s walls, not with politics in the Philippines or rallying outside the detention center. For all the damage done, allow us this one comfort and opportunity to confront him in an even playing field.

References:
Atty. Neri Javier Colmenares
Counsel for victims; National Union of Peoples’ Lawyers
+639178350459

Atty. Kristina Conti
NUPL-NCR secretary general; registered as ICC assistant to counsel
+639298207000